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the Site which was not shown or indicated in Drawings or or entity from and against the consequences of that individual's
<br /> Specifications or identified in the Contract Documents to be or entity's own negligence.
<br /> within the scope of the Work. CONTRACTOR shall be
<br /> responsible for a Hazardous Environmental Condition created H. To the fullest extent permitted by Laws and
<br /> with any materials brought to the Site by CONTRACTOR, Regulations, CONTRACTOR shall indemnify and hold harmless
<br /> Subcontractors, Suppliers, or anyone else for whom CON- OWNER, ENGINEER, ENGINEER's Consultants, and the
<br /> TRACTOR is responsible. officers, directors, partners, employees, agents, other
<br /> consultants, and subcontractors of each and any of them from
<br /> D. If CONTRACTOR encounters a Hazardous and against all claims, costs, losses, and damages (including
<br /> Environmental Condition or if CONTRACTOR or anyone for but not limited to all fees and charges of engineers, architects,
<br /> whom CONTRACTOR is responsible creates a Hazardous attorneys, and other professionals and all court or arbitration or
<br /> Environmental Condition, CONTRACTOR shall immediately: (i) other dispute resolution costs) arising out of or relating to a
<br /> secure or otherwise isolate such condition; (ii) stop all Work in Hazardous Environmental Condition created by
<br /> connection with such condition and in any area affected CONTRACTOR or by anyone for whom CONTRACTOR is
<br /> thereby (except in an emergency as required by paragraph responsible. Nothing in this paragraph 4 .06.F shall obligate
<br /> 6 . 16); and (iii) notify OWNER and ENGINEER (and promptly CONTRACTOR to indemnify any individual or entity from and
<br /> thereafter confirm such notice in writing). OWNER shall against the consequences of that individual's or entity's own
<br /> promptly consult with ENGINEER concerning the necessity for negligence.
<br /> OWNER to retain a qualified expert to evaluate such condition
<br /> or take corrective action, if any. I . The provisions of paragraphs 4.02, 4.03, and 4.04 are
<br /> not intended to apply to a Hazardous Environmental Condition
<br /> E. CONTRACTOR shall not be required to resume Work uncovered or revealed at the Site.
<br /> in connection with such condition or in any affected area until
<br /> after OWNER has obtained any required permits related thereto
<br /> and delivered to CONTRACTOR written notice: (i) specifying ARTICLE 5 - BONDS AND INSURANCE
<br /> that such condition and any affected area is or has been
<br /> rendered safe for the resumption of Work; or (ii) specifying any
<br /> special conditions under which such Work may be resumed 5.01 Performance, Payment, and Other Bonds
<br /> safely. If OWNER and CONTRACTOR cannot agree as to
<br /> entitlement to or on the amount or extent, if any, of any A. CONTRACTOR shall fumish performance and
<br /> adjustment in Contract Price or Contract Times, or both , as a payment Bonds, each in an amount at least equal to the
<br /> result of such Work stoppage or such special conditions under Contract Price as security for the faithful performance and
<br /> which Work is agreed to be resumed by CONTRACTOR, either payment of all CONTRACTOR's obligations under the Contract
<br /> parry may make a Claim therefore as provided in paragraph Documents. These Bonds shall remain in effect at least until
<br /> 10 .05. one year after the date when final payment becomes due,
<br /> except as provided otherwise by Laws or Regulations or by the
<br /> F . If after receipt of such written notice CONTRACTOR Contract Documents. CONTRACTOR shall also furnish such
<br /> does not agree to resume such Work based on a reasonable other Bonds as are required by the Contract Documents.
<br /> belief it is unsafe, or does not agree to resume such Work under
<br /> such special conditions, then OWNER may order the portion of B. All Bonds shall be in the form prescribed by the
<br /> the Work that is in the area affected by such condition to be Contract Documents except as provided otherwise by Laws or
<br /> deleted from the Work. If OWNER and CONTRACTOR cannot Regulations, and shall be executed by such sureties as are
<br /> agree as to entitlement to or on the amount or extent, if any, of named in the current list of "Companies Holding Certificates of
<br /> an adjustment in Contract Price or Contract Times as a result of Authority as Acceptable Sureties on Federal Bonds and as
<br /> deleting such portion of the Work, then either party may make a Acceptable Reinsuring Companies" as published in Circular 570
<br /> Claim therefore as provided in paragraph 10.05. OWNER may (amended) by the Financial Management Service, Surety Bond
<br /> have such deleted portion of the Work performed by OWNER's Branch, U .S. Department of the Treasury. All Bonds signed by
<br /> own forces or others in accordance with Article 7. an agent must be accompanied by a certified copy of such
<br /> agent's authority to act.
<br /> G. To the fullest extent permitted by Laws and
<br /> Regulations, OWNER shall indemnify and hold harmless C. If the surety on any Bond furnished by CON-
<br /> CONTRACTOR , Subcontractors, ENGINEER, ENGINEER's TRACTOR is declared bankrupt or becomes insolvent or its
<br /> Consultants and the officers, directors, partners, employees, right to do business is terminated in any state where any part of
<br /> agents, other consultants, and subcontractors of each and any the Project is located or it ceases to meet the requirements of
<br /> of them from and against all claims, costs, losses, and damages paragraph 5.01 .6, CONTRACTOR shall within 20 days
<br /> (including but not limited to all fees and charges of engineers, thereafter substitute another Bond and surety, both of which
<br /> architects, attorneys, and other professionals and all court or shall comply with the requirements of paragraphs 5.01 .8 and
<br /> arbitration or other dispute resolution costs) arising out of or 5.02.
<br /> relating to a Hazardous Environmental Condition, provided that
<br /> such Hazardous Environmental Condition: (i) was not shown or 5.02 Licensed Sureties and Insurers
<br /> indicated in the Drawings or Specifications or identified in the
<br /> Contract Documents to be included within the scope of the A. All Bonds and insurance required by the Contract
<br /> Work, and (ii) was not created by CONTRACTOR or by anyone Documents to be purchased and maintained by OWNER or
<br /> for whom CONTRACTOR is responsible. Nothing in this para- CONTRACTOR shall be obtained from surety or insurance
<br /> graph 4.06.E shall obligate OWNER to indemnify any individual companies that are duly licensed or authorized in the jurisdiction
<br /> in which the Project is located to issue Bonds or insurance
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